STATE OF NEBRASKA EX REL. COUNSEL FOR DISCIPLINE OF THE NEBRASKA SUPREME COURT, RELATOR,
DAVID C. HOLCOMB, RESPONDENT
Heavican, C.J., Wright, Connnnolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.
This case is before the court on the conditional admission filed by David C. Holcomb, respondent, on November 13, 2014. The court accepts respondent's conditional admission and enters an order of public reprimand.
Respondent was admitted to the practice of law in the State of Nebraska on October 14, 2008. At all relevant times, he was engaged in the practice of law in Omaha, Nebraska.
On July 31, 2014, the Counsel for Discipline of the Nebraska Supreme Court filed formal charges against respondent. The formal charges consist of one count against respondent. With respect to the one count, the formal charges state that on or about November 6, 2013, respondent posted on a Web site [290 Neb. 165] which he owned and controlled that his uncle and his cousin had committed various crimes and suggested that they should be prosecuted by the International Criminal Court. The Web site posting called for readers to report respondent's uncle and cousin to the International Criminal Court, and the posting included respondent's uncle and cousin's publicly recorded address and telephone number. The formal charges state that " [t]he allegations of criminal conduct by
[respondent's uncle] and [respondent's cousin] stated by respondent in his Internet posting are false and respondent knew they were false when he posted them, or he posted them in reckless disregard for the truth." The formal charges allege that by his actions, respondent violated his oath of office as an attorney, Neb. Rev. Stat. § 7-104 (Reissue 2012), and Neb. Ct. R. of Prof. Cond. § 3-508.4(a) and (c) (misconduct).
On November 13, 2014, respondent filed a conditional admission pursuant to Neb. Ct. R. § 3-313 of the disciplinary rules, in which he conditionally admitted that he violated his oath of office as an attorney and conduct rule § 3-508.4(a) and (c). In the conditional admission, respondent knowingly chose not to challenge or contest the truth of the matters conditionally admitted and waived all proceedings against him in connection therewith in exchange for a public reprimand.
The proposed conditional admission included a declaration by the Counsel for Discipline, stating that respondent's proposed discipline is appropriate and consistent with sanctions imposed in other disciplinary cases with similar acts of misconduct.
Section 3-313, which is a component of our rules governing procedures regarding attorney discipline, ...